Patna High Court
Shyam kumar Tanti @ Shyam Bihari TantiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed.
Summary
The petitioner, Shyam Kumar Tanti, was arrested in connection with a case registered under Section 69 of the Bharatiya Nyaya Sanhita, 2023, alleging that he established a physical relationship with the victim under the pretext of marriage. He had been in custody since 25 November 2025 and argued that the FIR was lodged three years after the alleged incident, contending his innocence. The State opposed the bail application. The Court considered the length of custody, the nature of the allegation, and the delay in filing the FIR, and concluded that these factors warranted the grant of regular bail. Accordingly, the Court ordered his release on bail of Rs.10,000 with two sureties of the same amount, emphasizing that the observations were prima facie and not determinative of the trial’s merits.
Issues considered
- Whether regular bail can be granted in a case under Section 69 of the Bharatiya Nyaya Sanhita, 2023 given the nature of the allegation.
- Whether the three‑year delay in lodging the FIR is a sufficient ground to justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 69
Subjects
- regular bail
- Section 69
- Bharatiya Nyaya Sanhita
- delay in FIR
- criminal procedure
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21832 of 2026
Arising Out of PS. Case No.-129 Year-2025 Thana- SANOKHAR District- Bhagalpur
======================================================
Shyam kumar Tanti @ Shyam Bihari Tanti Son of Pankaj Tanti Resident of
Village - Maheshkhor, P.S. - Sanokhar, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Swapnil Kumar Singh
For the Opposite Party/s : Mr. Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Sanokhar P.S. Case No. 129 of 2025 registered for the offence
under Section(s) 69 of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of establishing physical relationship with the victim on
the pretext of marriage.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 25.11.2025. He further submits
that the FIR has been lodged after delay of three years of
occurrence.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.21832 of 2026(2) dt.07-04-2026
2/2
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the period of custody and the nature of the allegation against the
petitioner, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Sanokhar P.S. Case
No. 129 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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